The U.S. Department of Housing and Urban Development (HUD) has charged Tallahassee, Florida, housing providers Greenbriar Partners, LLC, Jackson Properties and Financial Services, LLC, and Erwin D. Jackson (the “Respondents”) with violating the Fair Housing Act by failing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with an emotional support animal. Read the Charge here. The Fair Housing Act (“the Act”) prohibits discrimination because of disability, including the denial of reasonable accommodations. Individuals with disabilities have the right to reasonable accommodations when such accommodations are necessary to afford them equal access to their home, including the use of assistance animals. “The Fair Housing Act requires housing providers to make reasonable accommodations necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling,” said Damon Smith, HUD General Counsel. “The Department will take action to ensure housing providers comply with their obligations to provide necessary reasonable accommodations.” HUD’s Charge of Discrimination alleges that the Respondents failed to grant the Complainant’s requested reasonable accommodation for an assistance animal. That denial led to economic loss, lost housing opportunity, and emotional distress. The Charge of Discrimination also alleges that the Respondents violated the Act when they threatened the Complainant with an eviction because of her reasonable accommodation request. HUD's Charge will be heard by a U.S. Administrative Law Judge (ALJ) unless any party to the Charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that a violation of the Act has occurred, they may award damages to the Complainant for harm caused by discrimination. The ALJ may also order injunctive relief and other equitable relief, fines to vindicate the public interest, and punitive damages. |
